DOCSLIB.ORG

Human Rights: a Brief Introduction Stephen P

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Human Rights: a Brief Introduction Stephen P Human Rights: A Brief Introduction Stephen P. Marks Harvard University © Harvard University 2016 Marks 1 Human Rights Human Rights: A Brief Introduction Stephen P. Marks Harvard University I: Introduction .................................................................................................................................. 1 II. Human rights in ethics, law and social activism ......................................................................... 1 A. Human rights as ethical concerns ........................................................................................... 2 B. Human rights as legal rights (positive law tradition) .............................................................. 3 C. Human rights as social claims ................................................................................................ 4 III: Historical milestones ................................................................................................................. 5 IV: Tensions and controversies about human rights today ............................................................. 7 A. Why do sovereign states accept human rights obligations? ................................................... 7 B. How do we know which rights are recognized as human rights? ........................................... 8 Table 1: List of human rights .............................................................................................. 9 C. Are human rights the same for everyone? ............................................................................ 11 D. How are human rights put into practice? .............................................................................. 13 1. The norm-creating process ................................................................................................ 13 Table 2: Norm-creating process ........................................................................................ 13 2. The norm-enforcing process .............................................................................................. 14 3. Continuing and new challenges to human rights realization ............................................ 16 Table 3: Means and methods of human rights implementation ........................................ 17 V: Conclusion ................................................................................................................................ 18 Selected bibliography .................................................................................................................... 19 Selected websites ........................................................................................................................... 19 Universal Declaration of Human Rights ....................................................................................... 21 discourse and some historical background of I: Introduction the concept of human rights, this essay will examine the tensions between human rights Human rights constitute a set of norms and state sovereignty, the challenges to the governing the treatment of individuals and universality of human rights, the groups by states and non-state actors on the enumeration of rights recognized by the basis of ethical principles regarding what international community, and the means society considers fundamental to a decent available to translate the high aspirations of life. These norms are incorporated into human rights into practice. national and international legal systems, which specify mechanisms and procedures II. Human rights in ethics, law and to hold the duty-bearers accountable and provide redress for alleged victims of human social activism rights violations. There are numerous theoretical debates After a brief discussion of the use of surrounding the origins, scope and human rights in ethical, legal and advocacy significance of human rights in political © Harvard University 2016 Marks 2 Human Rights science, moral philosophy, and can draw on concepts such as natural law, jurisprudence. Roughly speaking, invoking social contract, justice as fairness, the term “human rights” (which is often consequentialism and other theories of referred to as “human rights discourse” or justice. In all these philosophical traditions, “human rights talk”) is based on moral a right is conceived as an entitlement of reasoning (ethical discourse), socially individuals, either by virtue of being human sanctioned norms (legal/political discourse) or because they are members of a political or social mobilization (advocacy discourse). community (citizens). In law, however, a These three types of discourse are by no right is any legally protected interest, means alternative or sequential but are all whatever the social consequence of the used in different contexts, depending on enforcement of the right on the wellbeing of who is invoking human rights discourse, to persons other than the right-holder (e.g., the whom they are addressing their claims, and property right of a landlord to evict a tenant, what they expect to gain by doing so. The the right of a business to earn profits). To three types of discourse are inter-related in avoid confusion, it is helpful to use the term the sense that public reasoning based on “human right” or its equivalent ethical arguments and social mobilization (“fundamental right,” “basic freedom,” based on advocacy agendas influence legal “constitutional right”) to refer to a higher- norms, processes and institutions and thus order right, authoritatively defined and all three modes of discourse contribute to carrying the expectation that it has a human rights becoming part of social reality. peremptory character and thus prevails over other (ordinary) rights and reflects the A. Human rights as ethical concerns essential values of the society adopting it. Human rights have in common an Ethical and religious precepts determine ethical concern for just treatment, built on what one is willing to accept as properly a empathy or altruism in human behavior and human right. Such precepts are typically concepts of justice in philosophy. The invoked in the debates over current issues philosopher and economist, Amartya Sen, such as abortion, same-sex marriage, the considers that “Human rights can be seen as death penalty, migration, much as they were primarily ethical demands… Like other around slavery and inequality based on ethical claims that demand acceptance, there class, gender or ethnicity in the past. is an implicit presumption in making Enlightenment philosophers derived the pronouncements on human rights that the centrality of the individual from their underlying ethical claims will survive open theories of the state of nature. Social 1 and informed scrutiny.” In moral contractarians, especially Jean-Jacques reasoning, the expression “human rights” is Rousseau, predicated the authority of the often not distinguished from the more state on its capacity to achieve the optimum general concept of “rights,” although in law enjoyment of natural rights, that is, of rights a “right” refers to any entitlement protected inherent in each individual irrespective of by law, the moral validity or legitimacy of birth or status. He wrote in Essay on the which may be separate from its legal status Origin on Inequality Among Men that “it is as an entitlement. The moral basis of a right plainly contrary to the law of nature…that the privileged few should gorge themselves 1 Amartya Sen, “Elements of a Theory of Human with superfluities, while the starving Rights,” Philosophy & Public Affairs, vol. 32, No. 4 multitude are in want of the bare necessities (2004), p. 320. © Harvard University 2016 Marks 3 Human Rights of life.”2 Equally important was the concept an constitutive characteristic of human of the universalized individual (“the rights rights”3, implying an inherent value of the of Man”), reflected in the political thinking concept of human rights, independent of of Immanuel Kant, John Locke, Thomas what is established in law. Legal positivists Paine and the authors of the American would disagree and consider law to be Declaration of Independence (1776) and the constitutive rather than declarative of human French Declaration of the Rights of Man and rights. the Citizen (1789). The Enlightenment represents for the West both the affirmation B. Human rights as legal rights (positive of the scientific method with the related law tradition) faith of human progress and the formulation of the human rights, which define the “Legal positivists” regard human rights freedom and equality on which the as resulting from a formal norm-creating legitimacy of modern governments have process, by which we mean an authoritative henceforth been judged. Karl Marx and formulation of the rules by which a society much of socialist thinking questioned the (national or international) is governed. “bourgeois” character of a limited While “natural rights” derive from natural interpretation of individual human rights and order or divine origin, and are inalienable, stressed community interests and egalitarian immutable, and absolute, rights based on values. “positive law” are recognized through a political and legal process that results in a The ethical basis of human rights has declaration, law, treaty, or other normative been defined using concepts such as human instrument. These may vary over time and flourishing, dignity, duties to family and be subject to derogations or limitations society, natural rights, individual freedom, designed to optimize
Load more

Recommended publications
  • Comparison to Western Human Rights and Islamic Human Rights
    J. Basic. Appl. Sci. Res., 3(7)847-854, 2013 ISSN 2090-4304 Journal of Basic and Applied © 2013, TextRoad Publication Scientific Research www.textroad.com Comparison to Western Human Rights and Islamic Human Rights Dr. Mohammad Reza Iravani Assistant Professor, Department of Social Work, Islamic Azad University Khomeinishahr Branch, Daneshjou Blvd, Iran ABSTRACT International law, according to many authors, of the phenomenon is present and in past centuries, has been under the provisions of Title and even the name of international law for the first time in 1789, "Bentham" has been introduced. In this study, we compared the Islamic Human Rights Human Rights International, the history of the human rights issue, pointing out the shortcomings of the Declaration of Human Rights and criticisms about this notices, especially criticism Islamic human rights, it has been suggested. Furthermore, critical aspect Islamic human right, about human rights, has been from the perspective of intellectuals. KEYWORDS: Human rights, international law, human rights, Islamic, constitution of Islamic Republic INTRODUCTION After World War II, all people and governments that were tired of the war and destruction, for the United Nations, tried. On the one hand, part of this organization was trustee human rights and a charter adopted in 1948 which consists of a introduction and 30 articles. On the other hand, Muslim countries, the Islamic Human Rights have been developed and approved; It states believe that the West's human rights, there are contradictions and faults. That cannot be it on Muslim countries in general and unconditional performed. What created the Islamic Human Rights is specific culture of Islamic societies it is based on the laws and regulations set.
    [Show full text]
  • Human Rights and History a Challenge for Education
    edited by Rainer Huhle HUMAN RIGHTS AND HISTORY A CHALLENGE FOR EDUCATION edited by Rainer Huhle H UMAN The Universal Declaration of Human Rights and the Genocide Convention of 1948 were promulgated as an unequivocal R response to the crimes committed under National Socialism. Human rights thus served as a universal response to concrete IGHTS historical experiences of injustice, which remains valid to the present day. As such, the Universal Declaration and the Genocide Convention serve as a key link between human rights education and historical learning. AND This volume elucidates the debates surrounding the historical development of human rights after 1945. The authors exam- H ine a number of specific human rights, including the prohibition of discrimination, freedom of opinion, the right to asylum ISTORY and the prohibition of slavery and forced labor, to consider how different historical experiences and legal traditions shaped their formulation. Through the examples of Latin America and the former Soviet Union, they explore the connections · A CHALLENGE FOR EDUCATION between human rights movements and human rights education. Finally, they address current challenges in human rights education to elucidate the role of historical experience in education. ISBN-13: 978-3-9810631-9-6 © Foundation “Remembrance, Responsibility and Future” Stiftung “Erinnerung, Verantwortung und Zukunft” Lindenstraße 20–25 10969 Berlin Germany Tel +49 (0) 30 25 92 97- 0 Fax +49 (0) 30 25 92 -11 [email protected] www.stiftung-evz.de Editor: Rainer Huhle Translation and Revision: Patricia Szobar Coordination: Christa Meyer Proofreading: Julia Brooks and Steffi Arendsee Typesetting and Design: dakato…design. David Sernau Printing: FATA Morgana Verlag ISBN-13: 978-3-9810631-9-6 Berlin, February 2010 Photo Credits: Cover page, left: Stèphane Hessel at the conference “Rights, that make us Human Beings” in Nuremberg, November 2008.
    [Show full text]
  • Liberties a History of Human Rights in Canada
    TAKING LIBERTIES A HISTORY OF HUMAN RIGHTS IN CANADA Edited by David Goutor and Stephen Heathorn OXFORD UNIVERSITY PRESS OXFORD UNIVERSITY PRESS Oxford University Press is a department of the University of Oxford. It furthers the University’s objective of excellence in research, scholarship, and education by publishing worldwide. Oxford is a registered trade mark of Oxford University Press in the UK and in certain other countries. Published in Canada by Oxford University Press 8 Sampson Mews, Suite 204, Don Mills, Ontario M3C 0H5 Canada www.oupcanada.com Copyright © David Goutor and Stephen Heathorn 2013 Contributors retain copyright for their contributions The moral rights of the author have been asserted Database right Oxford University Press (maker) All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of Oxford University Press, or as expressly permitted by law, by licence, or under terms agreed with the appropriate reprographics rights organization. Enquiries concerning reproduction outside the scope of the above should be sent to the Permissions Department at the address above or through the following url: www.oupcanada.com/permission/permission_request.php Every effort has been made to determine and contact copyright holders. In the case of any omissions, the publisher will be pleased to make suitable acknowledgement in future editions. Library and Archives Canada Cataloguing in Publication Taking liberties : a history of human rights in Canada / edited by David Goutor and Stephen Heathorn. Includes bibliographical references and index. ISBN 978-0-19-900479-9 (bound) 1.
    [Show full text]
  • Embedding Human Rights Into Business Practice
    Embedding Human Rights into Business Practice A joint publication of the United Nations Global Compact and the Office of the High Commissioner of Human Rights Cover Photo: The Universal Declaration on Human Rights – Article 1 Article 2 3 Disclaimer Editor's Note: The views expressed in this publication are the authors' own and do not necessarily represent the views of the Global Compact or the Office of the High Commissioner for Human Rights. The Global Compact and the Office of the High Commissioner for Human Rights make no representation concerning, and do not guarantee, the source, originality, accuracy, completeness or reliability of any statement, information, data, finding, interpretation, advice or opinion contained within the publication. This report is intended strictly as a learning document and should not be interpreted to indicate either effective or ineffective practices. The inclusion of case studies on company experiences does not in any way constitute an endorsement of the individual companies nor their human rights policies by the Global Compact and/or the OHCHR. Article 3 Table of Contents Case Studies 02 Disclaimer 01 The BTC Pipeline Case Study: Following through on Global Compact Commitments Gare Smith, Foley Hoag LLC 01 Foreword 01 BHP Billiton South Africa: Mr. Dzidek Kedzia Standards as a Human Rights tool Chief, Research and Right to Development Branch Patricia B. Lawrence Office of the High Commissioner for Human Rights Unisa Foundation and Centre for Corporate Citizenship University of South Africa 01 Foreword 01 Human rights and supply chain management Mr. Georg Kell in the Pharmaceutical sector Executive Head, The United Nations Global Compact John Morrison, TwentyFifty Annette Stube, Novo Nordisk 01 Introduction 01 Business and Human Rights: Ursula Wynhoven, Global Compact Office The Case of Hewlett-Packard Lene Wendland, Office of the High Commissioner Kellie A.
    [Show full text]
  • International Criminal Justice, Legal Pluralism, and the Margin of Appreciation Lessons from the European Convention on Human Rights
    \\jciprod01\productn\H\HLH\33-1\HLH102.txt unknown Seq: 1 14-SEP-20 9:53 International Criminal Justice, Legal Pluralism, and the Margin of Appreciation Lessons from the European Convention on Human Rights Fr´ed´eric M´egret1 Abstract: This Article explores the potential of the margin of appreciation to conceptualize the pluralism of international criminal justice. A growing debate in international criminal justice concerns the extent to which it can and ought to be conceived pluralistically. That debate has often remained theoretical, however, lacking a broad understanding of how that pluralism could be justified and implemented in international law. This Article ar- gues that the notion of the margin of appreciation, as developed in the jurisprudence of the European Court of Human Rights, makes an impor- tant contribution to our understanding of the potential pluralism of inter- national criminal justice. Developed as a tool to reconcile European human rights principles with the diversity of European societies, the margin of appreciation provides arguments to better justify pluralism as both prag- matic and principled. Moreover, the margin of appreciation provides gui- dance in considering how far domestic criminal justice systems should stray from central norms of international criminal justice. The article concludes with some thoughts on the way forward in forging a pluralistic interna- tional criminal justice jurisprudence that does not sacrifice a universalist commitment. TABLE OF CONTENTS The Case for Pluralism: The View from the Margin of Appreciationv ......................................... 67 R The Merely Pragmatic Case for Pluralism .................. 68 R 1. Full Professor and Dawson Scholar, Faculty of Law, McGill University.
    [Show full text]
  • The Sociology of Social Movements
    CHAPTER 2 The Sociology of Social Movements CHAPTER OBJECTIVES • Explain the important role of social movements in addressing social problems. • Describe the different types of social movements. • Identify the contrasting sociological explanations for the development and success of social movements. • Outline the stages of development and decline of social movements. • Explain how social movements can change society. 9781442221543_CH02.indd 25 05/02/19 10:10 AM 26 \ CHAPTER 2 AFTER EARNING A BS IN COMPUTER ENGINEERING from Cairo ­University and an MBA in marketing and finance from the American University of Egypt, Wael Ghonim became head of marketing for Google Middle East and North Africa. Although he had a career with Google, Ghonim’s aspiration was to liberate his country from Hosni Mubarak’s dictatorship and bring democracy to Egypt. Wael became a cyber activist and worked on prodemocracy websites. He created a Facebook page in 2010 called “We are all Khaled Said,” named after a young businessman who police dragged from an Internet café and beat to death after Said exposed police corruption online. Through the posting of videos, photos, and news stories, the Facebook page rapidly became one of Egypt’s most popular activist social media outlets, with hundreds of thousands of followers (BBC 2011, 2014; CBS News 2011). An uprising in nearby Tunisia began in December 2010 and forced out its corrupt leader on January 14, 2011. This inspired the thirty-year-old Ghonim to launch Egypt’s own revolution. He requested through the Facebook page that all of his followers tell as many people as possible to stage protests for democracy and against tyranny, corruption, torture, and unemployment on January 25, 2011.
    [Show full text]
  • Understanding Justice & Fairness Appreciating The
    UNDERSTANDING JUSTICE & FAIRNESS From the video about Freedom Riders in the exhibition Rolls Down Like Water: The American Civil Rights Movement to the contem- porary activists in the mirrors of Spark of Conviction: The Global Human Rights Movement, The Center shares inspirational stories of strength and triumph. • How are justice and fairness both alike and different? For additional information about the themes contained in this brochure, please visit our website. Download the full Across Generations Guide here: civilandhumanrights.org/family-guide PURCHASE TICKETS CALL 678.999.8990 OR VISIT CIVILANDHUMANRIGHTS.ORG JOIN THE CONVERSATION ON FACEBOOK AND TWITTER @CTR4CHR APPRECIATING THE LEGACY OF DR. MARTIN LUTHER KING, JR. Voice to the Voiceless: The Martin Luther King, Jr. Collection reveals the complexity of Dr. King and how individuals have the power to make a difference. Intergenerational Conversation Starters • How did Dr. King influence Nelson Mandela and other human rights icons? • Who has influenced you? 100 IVAN ALLEN JR. BLVD, ATLANTA, GA 30313 LOCATED IN DOWNTOWN ATLANTA NEXT TO THE WORLD OF COCA-COLA UNDERSTANDING POWER & CONTROL From Claudette Colvin and Viola Liuzzo WELCOME to change agents of today like Malala, TO THE CENTER FOR CIVIL AND HUMAN RIGHTS! we encourage you to be inspired by those who took a stand and used their individual power to be catalysts We hope these ACROSS GENERATIONS for positive change. conversation starters inspire an • Everyone has power. How do you intergenerational dialogue that lasts use yours? long after your visit to The Center. • How do individuals use power to This brochure is not intended to be a hurt others? map that leads you through the • What are some examples of people exhibitions (although it does highlight willing to fight for the rights of others? themes you may experience throughout your visit).
    [Show full text]
  • International Women's Rights, Equality, and Justice
    00 venter fmt auto cx6 7/18/12 2:02 PM Page i International Women’s Rights, Equality, and Justice 00 venter fmt auto cx6 7/18/12 2:02 PM Page ii Carolina Academic Press Context and Practice Series Michael Hunter Schwartz Series Editor Civil Procedure for All States Benjamin V. Madison, III Contracts Michael Hunter Schwartz and Denise Riebe Current Issues in Constitutional Litigation Sarah E. Ricks, with contributions by Evelyn M. Tenenbaum Employment Discrimination Susan Grover, Sandra F. Sperino, and Jarod S. Gonzalez International Women’s Rights, Equality, and Justice Christine M. Venter Sales Edith R. Warkentine The Lawyer’s Practice Kris Franklin 00 venter fmt auto cx6 7/18/12 2:02 PM Page iii International Women’s Rights, Equality, and Justice A Context and Practice Casebook Christine M. Venter Director of the Legal Writing Program, Notre Dame Law School Carolina Academic Press Durham, North Carolina 00 venter fmt auto cx6 7/18/12 2:02 PM Page iv Copyright © 2012 Christine M. Venter All Rights Reserved ISBN: 978-1-59460-708-0 LCCN: 2012936949 Carolina Academic Press 700 Kent Street Durham, North Carolina 27701 Telephone (919) 489-7486 Fax (919) 493-5668 www.cap-press.com Printed in the United States of America 00 venter fmt auto cx6 7/18/12 2:02 PM Page v To Anré, Clea, William, Emma, Eli and Drew — with my love always v 00 venter fmt auto cx6 7/18/12 2:02 PM Page vi 00 venter fmt auto cx6 7/18/12 2:02 PM Page vii Contents Series Editor’s Preface xxi Preface and Acknowledgments xxiii Introduction xxvii Chapter 1 • A Brief History of the Origins of Women’s Rights 3 Introduction 3 I.
    [Show full text]
  • Human Rights Socialization During and After the Cold War
    Human Rights Socialization During and After the Cold War The Harvard community has made this article openly available. Please share how this access benefits you. Your story matters Citation Allvord, Chase. 2020. Human Rights Socialization During and After the Cold War. Master's thesis, Harvard Extension School. Citable link https://nrs.harvard.edu/URN-3:HUL.INSTREPOS:37364889 Terms of Use This article was downloaded from Harvard University’s DASH repository, and is made available under the terms and conditions applicable to Other Posted Material, as set forth at http:// nrs.harvard.edu/urn-3:HUL.InstRepos:dash.current.terms-of- use#LAA Human Rights Socialization During and After the Cold War Chase Allvord A Thesis in the Field of International Relations for the Degree of Master of Liberal Arts in Extension Studies Harvard University March 2020 2020 Chase Allvord Abstract The purpose of this project is to better understand potential systematic human rights roadblocks of the past so that we may be better prepared to avoid them in the future. It seeks to determine if the socialization of international human rights norms was stifled during the Cold War, a bipolar (two-power) period. As two great powers competed in the zero-sum game of global dominance, there could only be one winner, and the hypothesis presented here holds that human rights suffered as a consequence. The study begins with an examination of how international human rights norms were established amongst nations, with the adoption of the UDHR and its accompanying covenants. Once the human rights framework is laid out, I explore Risse and Sikkink’s (1999) five-step model of human rights socialization, an authoritative representation of how states transform from rights abusers to rights observers.
    [Show full text]
  • Human Rights and Civil Liberties
    7.1 Human rights and civil liberties A foundational principle of liberal democracy is that all citizens are equal, and so the protection of fundamental human rights is of critical importance for democratic effectiveness. In many countries a statement of citizens’ rights forms part of the constitution, and is especially enshrined in law and enforced by the courts. This has not happened in the UK, which has no codified constitution. Instead Colm O’Cinneide evaluates the more diffuse and eclectic ways in which the UK’s political system protects fundamental human rights through the Human Rights Act and other legislation, and the courts and Parliament. How must human rights and civil liberties be protected in a democracy? ✦ Liberal democratic states are now expected to respect a range of fundamental human rights set out in international human rights treaties such as the European Convention on Human Rights (‘the Convention’). These extend from freedom from torture, to the right to fair trial and freedom from discrimination. ✦ It is generally recognised that the functioning of any genuine democracy must be based on respect for these rights, without which individuals cannot participate freely or effectively in the political process. In the UK constitutional system it is generally assumed that the political branches of government should play a leading role in resolving disputes about the scope and substance of individual rights. However, the courts have become increasingly involved in adjudicating human rights issues over the last few decades. The protection of individual rights is now usually viewed as forming part of the ‘mission statement’ of the judicial branch of government, and human rights cases now form a considerable element of the case-load of the UK’s superior courts.
    [Show full text]
  • The Future of Afghanistan
    Thier The Future of Afghanistan The of Afghanistan Future J Alexander Thier editor United States Institute of Peace The Future of Afghanistan Thier-Afghanistan-2a rev.indd 1 12/17/08 11:24:43 AM Thier-Afghanistan-2a rev.indd 2 12/17/08 11:24:43 AM The Future of Afghanistan J Alexander Thier editor UNITED STATES INSTITUTE OF PEACE Was H in G ton , D.C. Thier-Afghanistan-2a rev.indd 3 12/17/08 11:24:43 AM The views expressed in this book are those of the author alone. They do not necessarily reflect views of the United States Institute of Peace. UNITED STATES INSTITUTE OF PEACE 1200 17th Street, NW, Suite 200 Washington, DC 20036-3011 www.usip.org © 2009 by the Endowment of the United States Institute of Peace. All rights reserved. First published 2009 To request permission to photocopy or reprint materials for course use, contact the Copyright Clearance Center at www.copyright.com. For print, electronic media, and all other subsidiary rights, e-mail: [email protected]. Printed in the United States of America The paper used in this publication meets the minimum requirements of American National Standards for Information Science—Permanence of Paper for Printed Library Materials, ANSI Z39.48-1984. Thier-Afghanistan-2a rev.indd 4 12/17/08 11:24:43 AM Contents Acknowledgments v Map of Afghanistan vi 1. Introduction: Building Bridges 1 J Alexander Thier 2. The Transformation of the Afghan State 13 Barnett R. Rubin 3. The Future of Security Institutions 23 Ali A. Jalali 4.
    [Show full text]
  • Soviet Human Rights: Law and Politics in Perspective
    SOVIET HUMAN RIGHTS: LAW AND POLITICS IN PERSPECTIVE EUGENE D. FRYER* The contemporary disposition toward the socialist approach to human rights, focused principally upon Soviet practice in the context of the 1975 Helsinki Final Act,' at the present seems to be without well-articulated means- end relationships and objectives. This is not to say that the present critique is deficient in expectations. The 1948 Universal Declaration of Human Rights has explicitly established the aspirational humanitarian objectives of this epoch.2 Neither does the critique of socialist practice lack its grievances. These are principally centered on so- cialist, cum Soviet, practice contrary to the human rights undertakings fash- ioned in this generation to give effect to the 1948 Declaration.' These inter- national standards, unlike the 1948 Declaration, are not merely aspirational, but are as legally binding as any international treaty can be.4 The enumera- tion of specific shortfalls from these standards, or of pointed violation of their clear requirements, are well catalogued. 5 The elimination of these disparities * Major, Judge Advocate General's Corps, United States Army; Chief, International Law Divi- sion, The Judge Advocate General's School, Charlottesville, Va. The author's views do not pur- port to reflect those of the U.S. Army or Defense Dept. 1. Final Act, Conference on Security and Cooperation in Europe, done at Helsinki, August 1, 1975, U.S. DEP'T OF STATE, PUB. No. 8826, GENERAL FOREIGN POLICY SERIES 298 [hereinafter cited as Final Act]; 14 INT'L LEGAL MATERIALS 1292 [hereinafter cited as ILM]. 2. International Bill of Human Rights: A Universal Declaration of Human Rights, G.A.
    [Show full text]